Trademark: TM, R and C Symbol

TM, R and C symbol are frequently used with a trademark or copyright to indicate certain aspects of intellectual property registration. The following are the common usages of these symbols:

™ – TM Symbol ©

The TM symbol is used when an application for a trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.

SM Symbol

SM or Service Mark is a symbol used with trademark applications that are filed under class 35-45. Some applicants prefer to use the TM symbol for trademark applications filed under class 1-34 and SM for trademark filed under class 35-45. Using the TM symbol for all classes or using an SM mark for trademark application under classes 35-45 are both acceptable.

® – R Symbol

Once a trademark is registered, then the applicant can start using the ® symbol next to the trademark. The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws. Use of the ® symbol after filing a trademark application or without obtaining trademark registration is unlawful.

©- C Symbol

The © symbol stands for copyright and is a reserved right notice concerning any work that can be copyrighted like artwork, photography, videography, books, literary works, etc., The C symbol is used along with the copyright holder's name and the year of first publication. In some countries, the proper use of © symbol is a must to claim copyright protection. However, the Berne Convention does require the use of © symbol to claim copyright protection and India is a member of the Berne Convention. Hence, though the use of © symbol is not a statutory requirement, puts infringers on notice.